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<br />11/18/2008 18:04 <br /> <br />2815482452 <br /> <br />BAYWAY HOMES <br /> <br />PAGE 02/19 <br /> <br />Q / I lJJ 1~ <br /> <br />PERFORMANCE BOND <br /> <br />SiA TE OF TEXAS <br />COUNTY Or- HARRIS <br /> <br />~ <br />~ <br /> <br />Bond No. 810980 <br /> <br />KNOW ALL MEN BY THESE PRESENTS: That Sa~ay Homes, lile. _ of the <br />City of FrieD~q9.~_ County of !alvesto!..___, and State of .!exas . 89 <br />principal, and .l~[n<,!ell1nlt'l COft1~!!yauth<<lzed under the laws of the State Of <br />Texas to act as surety on bonds for principals, are held and firmly bound IJnto <br />1M City of La. Porte (Owner), in ttle penal sum of <br />One Hundred Thousand and no/l00..----....---u-~ dollars (.$100;000,00 ) for the <br />payment wher-eof. the said PrIncipal and Surety bind themselves. and their heirs, <br />administrators; exeourors, successors and assigns, Jointly and severally, by tMlse <br />presel'\ts: <br /> <br />WHEREAS, the Principal nas entered into a certain written contract with the <br />owner, dated the .17th ...... day Of December ,2007, to whiCh oontraot is hereby <br />referred to and made apart hereof as fully and to the same .extent as if copied at <br />langth herein. <br /> <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS Suet-I, that if <br />tl,e said Prmcipal sl1all f.1ithful/y perform said Contract and shell in ~" respects <br />duly and faithfully observe and perform all and singular the covenants, conditions <br />and agreements In and by taid l".ontracl: agreed and covenantsd by the PrinCipal <br />to be observed and performed, and according to the true intent and In~anlng of <br />said Contract and the Plans and Specifications hfi1.reto annexed, tnen this <br />obligation $half be void; otherwIse to remain in full force and effect; <br /> <br />"PROVIDED, HOWEVER, that this bond is exeouted pursuant to the provisions <br />of \lemon~ Texas Codes Annotated. Texas GoverrunentCode, ChSQter 2253, as <br />amended and an liabilities on this bond shall be deten'nlned In sCGOrdance with <br />the provIsions of said At't.;ole to the same extent as if It were copied at length <br />herein.lt <br /> <br />Surety, for value received, stipulates and agrees that no change, extension of <br />time, alteration or addition to the terms of the Contract, or to the worl< performed <br />thereunder, or the plan~, speOiflcations, or drawings.; accompanying the same, <br />shan in any way affect; its obligation on this bond, and it does hereby waive notic:e <br />of any such change, extension of time-, alteraiji)n or sddltitm to the termlS of the <br />contract, or to the wofi< to be perfonned there under. <br /> <br />Pel'f('Jrmsnce Sone! 1 of 2 <br />